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A BILL TO BE ENTITLED
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AN ACT
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relating to the elections and operations of certain hospital |
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districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 285.081, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 285.081. OPTIONAL FOUR-YEAR TERMS. |
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SECTION 2. Subchapter G, Chapter 285, Health and Safety |
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Code, is amended by adding Sections 285.082 and 285.083 to read as |
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follows: |
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Sec. 285.082. OPTIONAL THREE-YEAR TERMS. (a) The |
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governing board of a hospital district created under general or |
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special law may, on its own motion, order that the members of the |
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governing board are to be elected to serve staggered three-year |
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terms if: |
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(1) the members of the governing board serve staggered |
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four-year terms on the date the governing board enters the order; |
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and |
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(2) Subsection (b), (c), or (d) applies to the |
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governing board. |
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(b) This subsection applies to a governing board of a |
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hospital district with five members. The election of board members |
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in the even-numbered year following the date an order is entered |
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under Subsection (a) in which three board members are to be elected |
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shall be held as previously scheduled. Two of the members elected |
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at that election shall serve three-year terms, and one of the |
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members elected at that election shall serve a four-year term, to be |
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determined by random draw. Board members elected in subsequent |
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elections shall serve three-year terms. |
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(c) This subsection applies to a governing board of a |
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hospital district with seven members. The election of board members |
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in the even-numbered year following the date an order is entered |
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under Subsection (a) in which four members are to be elected shall |
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be held as previously scheduled. Two of the members elected at that |
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election shall serve three-year terms and two of the members |
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elected at that election shall serve four-year terms, to be |
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determined by random draw. Board members elected in subsequent |
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elections shall serve three-year terms. |
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(d) This subsection applies to a governing board of a |
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hospital district with nine members. The election of board members |
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in the even-numbered year following the date an order is entered |
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under Subsection (a) in which five members are to be elected shall |
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be held as previously scheduled. Two of the members elected at that |
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election shall serve three-year terms and three of the members |
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elected at that election shall serve four-year terms, to be |
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determined by random draw. The election of board members in the next |
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even-numbered year following the date an order is entered under |
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Subsection (a) in which four members are to be elected shall be held |
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as previously scheduled. Three of the members elected at that |
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election shall serve three-year terms and one of the members |
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elected at that election shall serve a four-year term, to be |
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determined by random draw. Board members elected in subsequent |
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elections shall serve three-year terms. |
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Sec. 285.083. RESIGNATION OF TERM. (a) A member of the |
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governing board of a hospital district is considered to have |
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resigned the member's position if the member is absent from five or |
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more regularly scheduled board meetings that the member is eligible |
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to attend in any 12-month period without an excuse approved by a |
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majority vote of the board. |
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(b) A resignation under Subsection (a) is effective on the |
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date of the fifth regularly scheduled board meeting at which the |
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member is absent without an excuse approved by the board. |
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(c) The validity of an action of the board is not affected by |
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the fact that the action is taken during a period in which a board |
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member is considered to have resigned under Subsection (a). |
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(d) This section does not apply to a hospital district |
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created under Chapter 281. |
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SECTION 3. Section 286.022(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) The petition may provide: |
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(1) the number of directors for the district, which |
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number must be an odd number; [and] |
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(2) the method by which directors are to be elected, |
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whether at large, by place, or by a combination of both, so that a |
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specific number of directors are elected from each commissioner |
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precinct and a specific number are elected at large; and |
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(3) whether directors will be elected to serve |
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two-year or four-year terms. |
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SECTION 4. Section 286.025(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The commissioners court shall give notice of the |
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election by publishing a substantial copy of the election order in a |
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newspaper with general circulation in the proposed district in |
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accordance with Section 4.003, Election Code [once a week for two |
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consecutive weeks]. |
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SECTION 5. Section 286.041, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 286.041. BOARD OF DIRECTORS. The directors shall be |
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elected at large, by place, or by a combination of both, in |
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accordance with the petition prescribed by Section 286.021. |
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SECTION 6. Section 286.042, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 286.042. DIRECTOR'S ELECTION. (a) The initial |
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directors shall be elected at an election to be held on the uniform |
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election date [first Saturday] in May following the creation of the |
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district. |
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(b) If the directors are elected at large for two-year |
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terms: |
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(1) the appropriate number of candidates receiving the |
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highest number of votes at the initial election of directors are |
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directors for the district; |
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(2) the number of directors equal to a majority of the |
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directors who receive the highest number of votes at the initial |
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election serve for a term of two years; and |
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(3) the remaining directors serve for a term of one |
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year. |
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(c) If the directors are elected by place for two-year |
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terms: |
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(1) the candidate for a place receiving the highest |
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number of votes for election to that place is a director for the |
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district; |
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(2) a director elected to fill an even-numbered place |
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at the initial election serves for a term of one year; and |
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(3) a director elected to fill an odd-numbered place |
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at the initial election serves for a term of two years. |
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(d) If the directors are elected from commissioners |
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precincts and at large for two-year terms: |
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(1) the number of candidates equal to the number of |
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directors to be elected from each precinct who receive the highest |
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number of votes from a commissioner precinct are directors for that |
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precinct; |
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(2) the number of candidates equal to the number of |
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directors to be elected at large who receive the highest number of |
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votes from the district at large are directors for the district at |
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large; |
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(3) a candidate elected from an odd-numbered precinct |
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at the initial election serves for a term of two years; |
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(4) a candidate elected from an even-numbered precinct |
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at the initial election serves for a term of one year; |
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(5) a candidate elected as the director from the |
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district at large at the initial election serves for a term of two |
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years; and |
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(6) if more than one director is elected at large, half |
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of the directors elected serve two-year terms, and the other half |
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serve one-year terms. |
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(d-1) If the directors are elected at large for four-year |
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terms: |
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(1) the appropriate number of candidates receiving the |
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highest number of votes at the initial election of directors are |
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directors for the district; |
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(2) the number of directors equal to a majority of the |
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directors who receive the highest number of votes at the initial |
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election serve for a term of three years if elected in an |
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odd-numbered year or four years if elected in an even-numbered |
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year; and |
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(3) the remaining directors serve for a term of one |
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year if elected in an odd-numbered year or two years if elected in |
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an even-numbered year. |
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(d-2) If the directors are elected by place for four-year |
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terms: |
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(1) the candidate for a place receiving the highest |
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number of votes for election to that place is a director for the |
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district; |
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(2) a director elected to fill an even-numbered place |
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at the initial election serves for a term of one year if elected in |
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an odd-numbered year or two years if elected in an even-numbered |
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year; and |
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(3) a director elected to fill an odd-numbered place |
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at the initial election serves for a term of three years if elected |
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in an odd-numbered year or four years if elected in an even-numbered |
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year. |
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(d-3) If the directors are elected from commissioners |
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precincts and at large for four-year terms: |
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(1) the number of candidates equal to the number of |
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directors to be elected from each precinct who receive the highest |
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number of votes from a commissioner precinct are directors for that |
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precinct; |
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(2) the number of candidates equal to the number of |
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directors to be elected at large who receive the highest number of |
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votes from the district at large are directors for the district at |
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large; |
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(3) a candidate elected from an odd-numbered precinct |
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at the initial election serves for a term of three years if elected |
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in an odd-numbered year or four years if elected in an even-numbered |
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year; |
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(4) a candidate elected from an even-numbered precinct |
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at the initial election serves for a term of one year if elected in |
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an odd-numbered year or two years if elected in an even-numbered |
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year; |
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(5) a candidate elected as the director from the |
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district at large at the initial election serves for a term of three |
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years if elected in an odd-numbered year or four years if elected in |
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an even-numbered year; and |
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(6) if more than one director is elected at large, half |
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of the directors elected at large serve for a term described by |
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Subdivision (4) for a candidate elected from an even-numbered |
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precinct, and the other half serve for a term described by |
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Subdivision (3) for a candidate elected from an odd-numbered |
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precinct. |
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(e) After the initial election of directors, an election |
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shall be held on the uniform election date [first Saturday] in May |
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of each year or every other year, as applicable, to elect the |
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appropriate number of successor directors for two-year terms or |
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four-year terms as specified in the petition to create the |
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district. |
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SECTION 7. Section 286.043, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 286.043. NOTICE OF ELECTION. Notice [Before the 35th |
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day before the date of an election of directors, notice] of an [the] |
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election shall be published [one time] in a newspaper with general |
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circulation in the district in accordance with Section 4.003, |
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Election Code. |
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SECTION 8. The heading to Section 286.044, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 286.044. APPLICATION FOR PLACE ON BALLOT [PETITION]. |
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SECTION 9. Section 286.044(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A person who wishes to have the person's name printed on |
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the ballot as a candidate for director must file an application with |
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the secretary of the board in accordance with Chapter 144, Election |
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Code. |
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SECTION 10. Section 286.053, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 286.053. APPOINTMENTS TO STAFF. The board may: |
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(1) appoint to the staff any health care practitioners |
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[doctors] the board considers necessary for the efficient operation |
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of the district; and |
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(2) grant clinical privileges on a [make] temporary or |
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emergency basis as [appointments] the board considers necessary. |
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SECTION 11. Section 286.078(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The board may enter into a public work contract as |
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authorized under Chapter 2269, Government Code [construction |
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contracts that involve spending more than $10,000 only after |
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competitive bidding as provided by Subchapter B, Chapter 271, Local |
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Government Code]. |
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SECTION 12. Section 286.101(f), Health and Safety Code, is |
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amended to read as follows: |
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(f) [The election shall be held after the 45th day and on or |
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before the 60th day after the date the election is ordered.] The |
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election shall be ordered and notice of the election shall be given |
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in the same manner as provided by Sections 286.024 and 286.025 for |
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ordering and giving notice of an election authorizing creation of |
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the district. Section 41.001(a), Election Code, does not apply to |
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an election held under this section. |
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SECTION 13. Section 286.102(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) [The election shall be held not later than the 60th day |
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after the date the election is ordered.] Section 41.001(a), |
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Election Code, does not apply to an election ordered under this |
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section. |
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SECTION 14. Section 286.129, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 286.129. SPENDING AND INVESTMENT LIMITATIONS. (a) |
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Except as provided by Sections [Section] 286.078(a), [and by |
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Sections] 286.141, 286.144, and 286.145, and Chapter 315, the |
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district may not incur a debt payable from revenues of the district |
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other than the revenues on hand or to be on hand in the current and |
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immediately following fiscal year of the district. |
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(b) The board may invest operating, depreciation, or |
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building reserves only in investments authorized under Chapter |
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2256, Government Code [: |
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[(1) bonds of the United States; |
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[(2) certificates of indebtedness issued by the United |
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States secretary of the treasury; |
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[(3) bonds of this state or a county, municipality, or |
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school district of this state; or |
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[(4) shares or share accounts of savings and loan |
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associations organized under the laws of this state or federal |
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savings and loan associations domiciled in this state, if the |
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shares or share accounts are insured by the Federal Deposit |
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Insurance Corporation]. |
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SECTION 15. Section 1023.054(a), Special District Local |
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Laws Code, is amended to read as follows: |
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(a) If a [A] vacancy occurs in the office of director, the |
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remaining directors shall appoint a director [shall be filled] for |
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the unexpired term [at the next regular election]. |
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SECTION 16. Section 1070.111, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 1070.111. CONSTRUCTION CONTRACTS. A construction |
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contract that involves the expenditure of more than $10,000 may be |
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made only after advertising in the manner provided by Chapter 252, |
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Local Government Code, or Subchapter B, Chapter 271, Local |
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Government Code[, or Section 286.078, Health and Safety Code]. |
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SECTION 17. The following provisions of the Health and |
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Safety Code are repealed: |
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(1) Section 286.023(g); |
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(2) Section 286.025(b); and |
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(3) Section 286.044(b). |
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SECTION 18. This Act takes effect September 1, 2023. |